Why is fanfiction not copyright?

Fanfiction in its current form is an infringement of copyright. Fanfiction is defined by the use of characters and expression from an original creative work and the creation of derivative works, all of which is illegal under current copyright law (McCardle, 2003).

Is making fanfiction illegal?

Copyright And Fanfiction Fanfiction in its originality can be said to be a violation of copyright laws. Fanfiction makes use of settings and characters curled out from an original work of fiction work. It creates an unoriginal work. All these it does is classified as illegal according to copyright law.

Can fanart be copyrighted?

The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.

Why is fanart illegal?

If the owner does not consent to a particular use of a work, fan art may be considered infringement of either the copyright and/or trademark of the original work that the art is based on. If you are making money from fan art, whether you are selling it or otherwise benefiting financially, this is generally illegal.

Is it bad to write fanfiction?

There’s nothing wrong with writing fanfiction at twenty. Fandom itself was invented by middle aged Star Trek fans a few decades ago. You can write fanfiction for the rest of your life if you’d like. It’s completely up to you.

Is fanfiction and fanart legal?

It can be. In most instances, fanfiction and fanart are legal because most creators are fine with it. Some creators, however, have set up legal measures to prevent fanworks of their creation, and as such, they are illegal. The same deal works with copying fanworks (or any creation, really).

Is it illegal to sell fan art?

Quick answer: While it is generally illegal to sell fan art, it may be OK to publish your fan art as long as you don’t make money from it. Fan art, fan fiction, or any other creative work inspired by popular culture is a complex and controversial issue. Here are the basics of fan art law.

Are there any copyright cases that deal with fan fiction?

Unable to find a single case expressly discussing copyright issues in the context of fan fiction, what I eventually compiled for Blastr was a list of published cases that teach us some valuable lessons applicable to fan fiction. The Blastr piece, Star Trek, Axanar and the Future of Fan Fiction by Dany Roth, is available here.

What happens if someone infringes your fan art?

There is a LOT of infringing going on out there with fan art, and the infringers may or may not know it. At some point the original copyright owner may send a cease and desist letter, or demand payment. Other copyright owners simply don’t bother with this, especially for fan art that generates little or no sales.